14-1501. City officers and employees; appointment, prerequisites; terms; vacancies. The board of commissioners shall appoint, by a majority vote of all the members thereof, the following officers, to wit: A city attorney, a city clerk, a city treasurer, a municipal judge of the municipal court, a city marshal, a fire chief, and such other officers, assistants and employees as they may deem necessary for the best interests of the city; but no such officer shall be appointed until the term and salary of the office to which he or she is appointed shall be prescribed by ordinance as hereinafter provided.
An ordinance prescribing a salary for any such office or position shall either (1) fix a specific salary, or (2) prescribe a minimum salary and a maximum salary, and, in the latter case, the maximum salary shall not be more than twenty-five percent (25%) greater than the minimum salary, and the salary to be paid shall be fixed within such limits by resolution of the board of commissioners but said board, at any time it deems such action advisable, may adjust or change such salary within such limits by resolution.
The board of commissioners may retain a licensed professional engineer to act in the capacity of city engineer for specifically defined duties, and provide for reasonable compensation for the services rendered. The terms of all appointive officers shall be for two (2) years and until their successors are appointed and qualified. In case of an appointment to fill a vacancy such appointee shall only serve for the remainder of the term for which his or her predecessor was appointed.
History: L. 1909, ch. 82, § 22; R.S. 1923, § 14-1501; L. 1955, ch. 123, § 1; L. 1959, ch. 83, § 2; L. 1967, ch. 90, § 8; July 1.
Source or prior law:
L. 1907, ch. 123, § 20.
Attorney General's Opinions:
Petition for proposed city ordinance. 84-95.
Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28.
CASE ANNOTATIONS
1. Adoption of act eliminates elective office of police judge. Albach v. Benson, 92 Kan. 1036, 1037, 1038, 142 P. 293.
2. Elective police judge succeeded by appointive judge when act adopted. Albach v. Benson, 92 Kan. 1036, 1037, 1038, 142 P. 293.
3. De jure officer of city not validly removed from office; entitled to compensation. Will v. City of Herington, 201 Kan. 627, 629, 633, 443 P.2d 667.
4. Assistant chief of police held de jure officer; not validly removed from office; entitled to compensation. Will v. City of Herington, 201 Kan. 627, 633, 443 P.2d 667.
|